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Judge to rule within 2 weeks on bid to remove Fani Willis from Trump case

The judge overseeing the Georgia election interference case against Donald Trump indicated Friday that he would rule within the next two weeks on whether to remove Fulton County District Attorney Fani Willis from the case over a romantic relationship with a top prosecutor.

Quick Read

  • Judicial Decision Pending: Superior Court Judge Scott McAfee indicated he would decide within two weeks on the potential removal of Fulton County District Attorney Fani Willis from the Trump Georgia election interference case, due to her relationship with special prosecutor Nathan Wade.
  • Conflict of Interest Concerns: Attorneys for Trump and co-defendants argue that Willis and Wade’s relationship, and alleged dishonesty about its timeline, could undermine public confidence in the prosecution, suggesting a conflict of interest.
  • Defense and Prosecution Positions: While Trump’s defense team accuses Willis and Wade of improper conduct, Willis’ office counters that there’s no evidence of financial benefit from the relationship to Willis, dismissing the accusations as speculative.
  • Public Perception at Risk: The controversy surrounding Willis and Wade’s relationship has shifted focus from the core allegations of election interference to their personal lives, potentially impacting the case’s credibility.
  • Legal Implications: Willis’ removal could significantly affect the sprawling criminal case against Trump, though it doesn’t guarantee the dismissal of charges. A new attorney would need to be appointed, possibly delaying the trial.
  • Hearing Testimonies: The hearings have included detailed and personal testimonies about Willis and Wade’s relationship, adding a sensational aspect to the proceedings.
  • Broader Case Context: The case is part of a series of legal challenges Trump faces, with implications for his political future. The developments in this case could influence the timeline and outcome of the legal battle against him.

The Associated Press has the story:

Judge to rule within 2 weeks on bid to remove Fani Willis from Trump case

Newslooks- ATLANTA (AP) —

The judge overseeing the Georgia election interference case against Donald Trump indicated Friday that he would rule within the next two weeks on whether to remove Fulton County District Attorney Fani Willis from the case over a romantic relationship with a top prosecutor.

Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

After several days of extraordinary testimony, Superior Court Judge Scott McAfee heard arguments over whether Willis’ relationship with special prosecutor Nathan Wade amounts to a conflict of interest that should force them off one of four criminal criminal cases against the former president.

Fulton County District Attorney Fani Willis arrives during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Attorneys for Trump and his co-defendants accused Willis and Wade of lying on the witness stand about when their relationship began, and told McAfee that keeping the district attorney on the case threatens to undermine the public’s confidence in the hugely consequential prosecution.

Special prosecutor Nathan Wade sits in court Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

“Think of the message that would be sent if they were not disqualified,” said Harry MacDougald, who represents former Justice Department official Jeffrey Clark in the election case. “If this is tolerated, we will get more of it. This office is a global laughingstock because of their conduct.”

Special prosecutors Nathan Wade, left, and Daysha Young talk amongst themselves during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Willis’ office, meanwhile, said defendants have failed to provide any evidence of any financial benefit to Willis from the relationship, which she and Wade both say ended last summer. Adam Abbate, a prosecutor with the district attorney’s office, accused the defendants’ attorneys of pushing “speculation and conjecture” and trying to embarrass Willis with questions on the witness stand that have nothing to do with the issue at hand.

Attorney John Merchant speaks during a hearing on the Georgia election interference case Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

“It’s a desperate attempt to remove a prosecutor from a case for absolutely no reason, your honor, other than harassment and embarrassment,” Abbate said.

Willis walked into the hearing after attorneys for defendants in the election case wrapped up their arguments, and sat at a table where Wade and his attorney were also seated while listening to Abbate make his case.

Fulton County Superior Judge Scott McAfee presides in court, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

The legal arguments follow several days of hearings filled with salacious testimony that has created a soap opera atmosphere overshadowing the underlying charges accusing the former president of working to overturn his 2020 election loss in a desperate bid to cling to power. Willis and Wade were forced to answer uncomfortable questions on the witness stand about their sex life and romantic getaways, underscoring the extent to which the focus of the case has wandered from allegations of election interference to the prosecutors’ love lives.

Attorney John Merchant speaks to his wife and co-counsel Ashleigh Merchant during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump.(AP Photo/Alex Slitz, Pool)

Even if Willis fends off the disqualification effort, the allegations have threatened to taint the public’s perception of the prosecution as Trump and others seize on the relationship to try to cast doubt on the legitimacy of the case while the Republican presidential primary frontrunner vies to reclaim the White House.

Fulton County District Attorney Fani Willis, left, and prosecutor Daysha Young speak to each other during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Attorneys for the election case defendants say Willis paid Wade large sums for his work and then improperly benefited when he paid for vacations for the two of them.

Fulton County Superior Judge Scott McAfee presides in court, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Willis and Wade have acknowledged the relationship, but say it has no bearing on the case against Trump. The pair said they didn’t begin dating until the spring of 2022, after Wade was hired, and that they split travel expenses.

Attorney Harry MacDougald, representing defendant Jeffrey Clark speaks during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

The hearings have at times wandered into surreal territory: Atlanta’s mayor watching from the gallery as a former Georgia governor testified, Willis’ father talking about keeping stashes of cash around the house and details of romantic getaways.

Special prosecutor Nathan Wade sits in court Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Willis’ removal would throw the most sprawling of the four criminal cases against Trump into question as the former president seeks a return to the White House. But it wouldn’t necessarily mean the charges against him and 14 others would be dropped.

Fulton County District Attorney Fani Willis looks on during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

If Willis and her office are disqualified, a nonpartisan council supporting prosecuting attorneys in Georgia would be tasked with finding a new attorney to take over. That person could either proceed with some or all of the charges against Trump and others, or drop the case altogether.

Attorney Adam Abbate speaks during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Even if a new lawyer moved forward on the path charted by Willis, the inevitable delay would seem likely to lessen the probability of the case getting to trial before November’s presidential election when Trump is expected to be the Republican nominee.

Attorney Harry MacDougald, representing defendant Jeffrey Clark speaks during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

At a hearing preceding testimony, McAfee noted that under the law, “disqualification can occur if evidence is produced demonstrating an actual conflict or the appearance of one.” He said he wanted testimony to explore “whether a relationship existed, whether that relationship was romantic or non-romantic in nature, when it formed and whether it continues.”

Fulton County Superior Judge Scott McAfee presides in court, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Those questions were only relevant “in combination with the question of the existence and extent of any personal benefit conveyed as a result of the relationship,” McAfee said.

A Fulton County grand jury indicted Trump and 18 others in August on charges related to efforts to keep the Republican incumbent in power even though he lost the election to Democrat Joe Biden. Four people have pleaded guilty after reaching deals with prosecutors, while Trump and 14 others have pleaded not guilty.

Special prosecutors Nathan Wade, looks on during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Willis and Wade’s relationship was first exposed in a motion filed by an attorney for Trump co-defendant Michael Roman, that sought to have the indictment dismissed and to bar Willis and Wade and their offices from continuing to prosecute the case. The motion alleges Willis and Wade were already dating when she hired him as special prosecutor for the election case in November 2021.

Attorney Craig Gillen, who represents David Shafer, speaks during a hearing on the Georgia election interference case, Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Robin Yeartie, Willis’ former friend and employee, testified she saw the pair hugging and kissing long before Willis hired Wade. But Wade’s former law partner and onetime divorce attorney, Terrence Bradley, expected to be a key witness for lawyers trying to disqualify Willis, was at times evasive during testimony, saying he had “no direct knowledge of when the relationship started.”

Attorney Steve Sadow, former President Donald Trump’s lead attorney in the case speaks in court Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

In one of hundreds of text messages Bradley exchanged with Roman’s attorney, Ashleigh Merchant, however, he told her that he “absolutely” believed the relationship began before Willis hired Wade. In other texts, which were obtained by The Associated Press on Thursday, Bradley fed information to Merchant over a period of several months to help her prove her allegations.

Attorney Steve Sadow, former President Donald Trump’s lead attorney in the case speaks in court Friday, March, 1, 2024, in Atlanta. The hearing is to determine whether Fulton County District Attorney Fani Willis should be removed from the case because of a relationship with Nathan Wade, special prosecutor she hired in the election interference case against former President Donald Trump. (AP Photo/Alex Slitz, Pool)

Trump’s attorneys filed an analysis of location data from Wade’s cellphone that they say supports the assertion Willis and Wade began dating before he was hired. An investigator’s statement says Wade’s phone was in the neighborhood south of Atlanta where Willis was living at least 35 times in the first 11 months of 2021. Wade had testified he visited Willis’ condo fewer than 10 times before his hiring.

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